State of New South Wales v McGrath [2016] NSWSC 1560

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v McGrath [2016] NSWSC 1560 Hearing dates: 24 October 2016 Decision date: 03 November 2016 Before: R A Hulme J Decision: Psychiatric/psychological examinations to be conducted. Interim supervision order made. Catchwords: HIGH RISK OFFENDER – serious violent offender – preliminary hearing – application for interim supervision order – Crimes (High Risk Offenders) Act 2006 (NSW) – where risk assessed as medium-high but consequences of further offending would be drastic – order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 5A, 5E, 7, 9 Cases Cited: Attorney-General for the State of New South Wales v Tillman [2007] NSWCA 119 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Pacey [2015] NSWSC 1983 State of NSW v Manners [2008] NSWSC 1242 State of NSW v Sancar [2016] NSWSC 867 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Andrew Mark McGrath (Defendant) Representation: Counsel: Mr P Aitken (Plaintiff) Mr D Carroll (Defendant)

Solicitors: Crown Solicitors Legal Aid NSW File Number(s): 2016/292800

Judgment 1. HIS HONOUR: The State of New South Wales ("the plaintiff") filed a summons on 30 September 2016 by which it seeks various orders, principally and ultimately an order that Andrew Mark McGrath be made the subject of a high risk violent offender extended supervision order for a period of five years. The proceedings are brought under the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). 2. The issue before me at this preliminary stage is whether I should appoint two psychiatrists, or a psychiatrist and a psychologist, to examine Mr McGrath and provide reports to the Court and whether Mr McGrath should be the subject of an interim supervision order when his current period of parole expires on 17 December 2016.